Date: 12 Oct 94 19:26 PDT
From: International Gay Lesbian Human Rights Commission
Subject: INDIA: Law Prevents Condom Distribu
International Gay and Lesbian Human Rights Commission
Emergency Response Network
NEW
INDIA'S ANTI SODOMY LAW PREVENTS CONDOM DISTRIBUTION TO
PRISONERS
Section 377 of the Indian Penal Code, which makes sodomy a crime,
is being cited by prison authorities in India to justify their refusal to
distribute condoms among inmates. Recently, the Inspector General
of Prisons, Kiran Bedi, refused to supply condoms to inmates in
India's largest prison, Delhi's Tihar Jail, on the grounds that Section
377 makes homosexuality illegal.
In response, the Delhi based AIDS Bedbhav Virodhi Andolan (ABVA)
filed a public interest petition earlier this summer in the High Court
of Delhi challenging the constitutional validity of Section 377. ABVA
was founded in 1988 and campaigns against AIDS and in support of
lesbian and gay emancipation. The group hopes to obtain the
distribution of condoms to prisoners in the Tihar Jail to prevent the
spread of the Human Immunodefieciency Virus (HIV).
Preliminary hearings on the petition have taken place. Deliberations
are expected to begin in force this Fall.
Respectfully worded letters should be written to demand the
availability of adequate health care facilities, including ensuring
condom distribution to all citizens, regardless of whether they are in
jail or not.
Write to:
Director
National AIDS Control Organization
Red Cross Road
New Delhi 110001
India
Letters are also needed demanding the repeal of Section 377. Please
make the following points:
(1) The right to privacy is a fundamental right under Article 21 of
India's Constitution.
(2) Drafted in 1883 by the British, Section 377 is an anachronistic
vestige of Victorianism. England itself decriminalized private adult
consensual acts in 1967.
(3) The President of the Indian Medical Association has, like the
American Psychiatric Association, agreed that homosexuality is not
pathological. It's continued criminalization has no scientific
justification.
(4) The idea that homosexuality is a Western import is erroneous, as
any perusal of ancient Indian art, sculpture and literature will show.
Write to:
Ministry of Home Affairs
Union of India
North Block 1
New Delhi 110001
India
IGLHRC
For more information contact us at
tel. (415) 255-8660
fax (415) 255-8662
e-mail: iglhrc@igc.apc.org
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